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Robin Darton
Another obiter judgment, what is the status of the “Lasmos” approach now?
On 12 September 2019, we discussed the importance of the Court of Appeal’s judgment in But Ka Chon v Interactive Brokers LLC[1] (“But Ka Chon”). In But Ka Chon, the Court of Appeal made obiter observations moderating the Lasmos approach[2] in that a debtor would not be able to simply deny a…Read More
Tanner De Witt wins 2020 IFLR Innovative Law Firm Award in Hong Kong
We are pleased to announce that Tanner De Witt has won IFLR’s 2020 award for Most Innovative Law Firm of Hong Kong. IFLR highlighted the challenging restructuring work Tanner De Witt has been involved in over the years, including “acting for the purchaser, China Cinda,…Read More
Benchmark Litigation again ranks Tanner De Witt highly, listing twice as many practice groups as previous rankings
Partners Ian De Witt, Robin Darton and Jeff Lane were also selected as “Litigation Stars” in dispute resolution Tanner De Witt is delighted to be ranked Tier 1 for Insolvency, Tier 2 for Commercial and Transactions, Recommended in Private client – Domestic firms, and recognised…Read More
Tanner De Witt Solicitors are 2020 Who’s Who Legal Thought Leaders
Ian De Witt, Robin Darton, and Jeff Lane are named to the 2020 edition of Who’s Who Legal as Global Thought Leaders in Asset Recovery and Restructuring & Insolvency. While Jeff retains his peak status as a Global Elite Thought Leader in Asset Recovery (one…Read More
The Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance
After the enactment of the Companies Ordinance (Cap. 622) on 3 March 2014, Hong Kong’s legislation regarding the winding up of Companies remained in the (newly named) Companies (Winding up and Miscellaneous Provisions) Ordinance (Cap. 32) (“CWUMPO”). For some time, there had also been discussion…Read More
The Legal 500 2020 rankings are announced for Asia-Pacific
Tanner De Witt is proud to once again be recommended this year in The Legal 500 Asia Pacific Guide 2020 for its four main practice areas; corporate and commercial, labour and employment, restructuring and insolvency and litigation and dispute resolution. Notably, partners Ian De Witt, Robin Darton and Kim Boreham have retained their leading…Read More
Overview of Insolvency Law in Hong Kong
This paper sets out a brief overview of corporate insolvency law in Hong Kong and compares and contrasts the insolvency laws in Hong Kong with those of other jurisdictions. It was discussed at the Insolvency Session of the IATA Legal Symposium 2006. Hong Kong Insolvency…Read More
Challenges of Cross-Border Insolvencies
The UNCITRAL Model Law on Cross-Border Insolvency, Hong Kong and the Commonwealth Background The United Nations Commission on International Trade Law (UNCITRAL) initiated the Model Law against the backdrop of increasing incidence of cross-border insolvencies. National insolvency laws were considered ill-equipped to deal with cases…Read More
Liquidator’s Avoidance Powers: Unfair Preference and Fraudulent Conveyance
Background In an insolvent winding up in Hong Kong, a liquidator’s primary duties are to realize the company’s assets and settle its liabilities. In doing so, the liquidator will review past conduct, decisions and actions in relation to the operation of a company and the…Read More
Overview of the Insolvency Regime in Hong Kong
1 Issues Arising When a Company is in Financial Difficulties 1.1 How does a creditor take security over assets in Hong Kong? Generally speaking, a creditor taking security over the assets of a Hong Kong company is most likely to do so by either a…Read More
Corporate Rescue in Hong Kong: What will it eventually look like?
Introduction Unlike many other common law jurisdictions, Hong Kong still lacks a statutory corporate rescue regime, despite a proposal for one first having been made by the Law Reform Commission in 1996 and a proposed bill containing a corporate rescue regime subsequently being introduced in…Read More
Accumulators and Lehman Brothers Minibonds: Know the products, know your rights
Recently there has been a lot of discussion among legislators, regulators and investors concerning the mis-selling of accumulators and Lehman Brothers Minibonds. Since the fall of Lehman Brothers in September 2008, many investors, be they individual or institutional, have suffered huge losses from their investments,…Read More
